Ranawat, J. - (1.) This is a petition under Article 226 of the Constitution of India by Badridass Kanhaiyalal, a registered firm and Shri Mahmood Khan, Motor Contractor of Tonk against the Appellate Tribunal of the State Transport Authority, Rajasthan, the Regional Transport Authority, Jaipur and three others for writs of certiorari and prohibition quashing the orders of respondents No. 1 and 2 dated 29-91958, and 5 and 6-5-1951 respectively and restraining them from issuing further permits to respondents Nos. 3 to 5 on Tonk-Sawai Madhopur route.
(2.) The allegations of the petitioners are that they hold three stage carriage permits for plying buses on Tonk-Sawai Madhopur route and that the traffic on the said route is meagre and one only out of the three vehicles of the petitioners is used to meet the requirements of the traffic and the Collector and the Superintendent of Police, Tonk, after holding enquiries regarding the condition of the traffic on the route, came to the conclusion that the traffic was meagre and there was no Justification for increase in the number of vehicles on the route. It was further alleged that some persons applied for grant of stage carriage permits on the said route and the R.T.A. after publishing their applications considered them in its meetings of 5th and 6th of May, 1958, and decided to advertise the route for inviting fresh petitions. It is also alleged that 5 persons including respondents Nos. 3, 4 and 5 went in appeal to the Appellate Authority of the S.T.A. against the resolution of the R.T.A. No. 178 of the 5th and 6th of May, 1958, and the Appellate Authority accepted the appeals of respondents Nos. 3, 4 and 5 and ordered issue of one permit each to them. The petitioners challenge the order of the Appellate Authority of 9-9-1958 granting permits to respondents Nos. 3, 4 and 5 far the following reasons: 1. The order of the R.T.A. of the 5th and 6th of May, 1958, did not amount to an order of refusal for permit and no appeal under Section 64 of the Motor Vehicles Act was competent from it and the Appellate Authority had, therefore, no jurisdiction to entertain appeals and to grant permits to respondents Nos. 3, 4 and 5. 2. Both R.T.A. and the Appellate Authority of the S.T.A, are not properly constituted for Rule 76 read with Rule 108 and Rule 77 of the Rajasthan Motor Vehicles Rules of 1951 are inconsistent with the provision of Section 44 (2) of the Motor Vehicles Act as amended by Act No. 100 of 1956, and are, therefore, invalid, and the Transport Minister, who acted has Chairman of the S.T.A, and that of the Appellate Auth 'fry by virtue of Rule 76 read with Rule 108 had no authority to do so.
(3.) The act of the R.T.A. in inviting fresh applications for stage carriage permits on Tonk-Sawai Madhopur route and the act of the Appellate Authority in granting permits to respondents Nos. 3. 4 and 5 are in violation of the provision of Section 57 of the Motor Vehicles Act for the requirements of the traffic have not been considered by the aforesaid authorities in inviting fresh petitions and also in granting permits to respondents Nos. 3 to 5. 3. The petitioners prayed for grant of a writ of certiorari quashing the order of the R.T.A. and the Appellate Authority of 29-9-1957 and 5th and 6th of May, 1958 respectively and for a writ of prohibition restraining the R.T.A. from issuing permits to respondents Nos. 3, 4 and 5.;